The Fairey Use Doctrine: A Present Battle in the Legal Wars Arising from Derivative Art
By Johnlee Curtis
Shepard Fairey, the artist who created the now-famous “HOPE” poster, a digitally-designed depiction of President Obama derived from a photograph taken by photographer Mannie Garcia and owned by the Associated Press (AP), has been embroiled in litigation on the issue of whether he violated the AP’s copyright from his use of the photograph. [...]